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Home My WebLink About02-4787COMMO~4WEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT CQMMON PLSAS No. NOTICE OF APPEAL Notice is gi~ that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendemcl by the District Justice on the date and in the cme mentioned below. This block will be sig~ed ONLY when this notation is required under Pa. R.C~°J~°. Na, If appellant was CLAIMAN/(see Pa. R.C.P.J.P. No. lO08& This Notice of Appeal. when received by the District Justice. will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to thf~judgment for i~oss~ss~3n in this ca~ FILE A COMPLAINT within twenty (20) days after PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This Section of form to be used ONLY when appellar~t was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ech from copy of notice of appeal to be served upon appellee). PRAECIPE: ToProflxx~oto~y ~~- Enter role u , appdlee(s), to file a complaint in this appeal (Common Pleas No. D~' 4'~ ~ "~ L.~ ~//.. I ) within twenty (20) days after set'vice of rule or suffer entry of judgment ~f non pros. (1) You are notified that a rule is homby entered upon you to fill a complaint in this appeal within twenty (20) days aftra the date of service of this role upon you by personal service or by certified o~ registered mail (2) If you do not file a complaint within this time, a JUDGMENT Of: NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of se~-vice of this rull if service was by mail is the date of mailin~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-go PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (10) DAYS AFTER fih'ng the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. (date ct service) upon the District JustJce designated therein on , [] by personal service [] by (certified) (i'eestered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , [] by personal service [] ~y i~-di (r~i~i~r~i ~-~if; ~r'~-re~ipt attac~%reto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ................. mail, sender's receipt attached hereto. _ [] by personal service [] by (certified) (registered) SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS .... DAY OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUt-tBERI. dL.N-D 09 -1-02 1901 STATE STREET CAMP HILL, PA (717) 761-0583 17011-0000 SHARON. SHEAFFER 207 SUMMER LN ENOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment: -- ~ Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLA,NT,EF: RESIDENTIAL LEASE NAME and ADDRESS ~UMMERDALE APARTMENTS "q 225 FOUR SEASONS LANE ENOLA, PA 17025 VS. DEFENDANT: NAME and ADDRESS [-SHEAFFER, SHARON ~ 207 SUMMER LN ENOLA, PA 17025 Docket No.: LT- 0000424- 02 Date Filed: 9/17/02 FOR pf,AT~TIFF (Name) S D~F~DA~ E APARTI~ENT S Judgment was entered against SHEAFt-w.~ SHARON in a ~-~ Landlord/Tenant action in the amount of $ 188.:38 on 9/30/02 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 545.00. The total amount of the Security Deposit is $ 575.00 Total Amount Established .~)~J. 0~ess~Security Deposit A.p%l~d : Adjudicatedl%r~o.uD~) Rent in Arrears $ _ = $ Physical Damages Leasehold Property $ .00 - $ .00 : $ .00 Damages/Unjust Detention $ . O0 -- $ = $ . O0 Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) L/T Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total ot sat~si'led Dy time ot ewctlon. $ -00 $ .nn $ SO.3~ $ .nn $ 188.38 ~'] Attachmenf Prohibited/ Victim of Abuse (Act 5, 1996) [~ This case dismissed without prejudice. ] Possession granted. ] Possession granted if morley judgment i: $ E~ Possession not granted. [] Defendants are jointly and severally liable. ~ ~ ~'vy ;~ ~"o '~. ~ ....or ~ g~ ~rc.,y ~tay~d. r~ Objection to Levy has been filed and hearing will be held: Date: Place: Time: IN AN ACTION INVOLVING A RE.C:;Ir)F~rTIAI I Y HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT tN WHICH ~O FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS 9¢T~E COURT OF COME~}~ ~,-(~L DIVI~II~' ~ ~f ^ I Z~/' '/ ..... ~]p~ 2t'~ecore of the Croceedings contain ng the iud ment iw~ commission exp~reCfirst Mon¢ 'of January, 2006. SEAL t.~) MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff SHARON SHEAFFER, Defendant · NO. 02-4787 CIVIL '. · CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAI=CIPI= TO I=NTI~R APPI=ARANCE AND ~TRIKI= APPEAL To the Prothonotary: Please enter our appearance in this case on behalf of Plaintiff, Morgan Manor Residences, t/a Summerdale Apartments. As a result of the Defendant's failure to file proof of servic(~3f her notice of appeal in accordance with Pa.R.C.P.D.J. No. 1005(B), please s/tf~e the Defendant's appeal from the record pursuant to Pa.R.C.P.D.J. No. 1006.// Respectfu/~/~equested Wix, We r Weidner JSteveh R. Williams, I.D.# 62051 / 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: ~01~\ o ~_ Attorneys for Plaintiff In accordance with Pa.R.C.P.D.J. No. 1006, this case is hereby STRICKEN. Cur~erland ~a'~'~ Proth~lnotary F:~sn~v~5822 (MORGAN MANOR RESIDENCES, INC)\11541.5 (SUMMERDALE APARTMENTS - SHARON SHEAFFER)\DOCUMENTS\PRAEClPE TO STRIKE APPEAL.doc PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA %:. ~ .. ~', COUNTY OF _._~_. ~ AFFIDAVITJ hereby swear or affirm tha, I served ~copy of the Notice of Appeal, Common Pleas No. ~ :_~Z~?_.~z:~,'/ _, upon the District Justic~ gnat~ther~ (date ofservice) ~ ~ ~__.~ ~y personal servi~e D by (certified) (rb~¢~md) ~. se~S ~eceipt a~ached hereto and upon the appe ee (name; ~ ~.~ ~~¢~ ~;=~ r:9 ~5~n ~ ¢4 Cb~ ~ ~, ~¢~ ~_ ~personal serwce ~ by (certd~ed) (registered) ma~l, sender s rece~ttac~d h~to. ~d further that I served the Rule to File a Complaint accompanying the ab~otice of.Appeal upon the ap~ee(~)'to whom the Rule was addressed on _ .~r ~ . ~ ~ ~by personal service ~ by (certified) (registered) mail, sendeCs receipt attached hereto. sWO N THIS _. N / ~ DAY OF ~~~ ' faffian, ~ gnatlzt¢, o~ o[l~j,~ ben, fore wi]om affidav], was made I .... · ~"~'~ Y "' ~:' ~-- · ,. ' I JODY S. SMITH, NOTARY PUBLIC ~V~-[ ~bl ~ ~ ICarlisleBoro, Cum~{andC~ --~¥~ .... ~-', ......... ~mmission Expires April 4, 2005 MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff V. SHARON L. SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-4787 CIVIL TERM _PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel for the defendant, Sharon L. Sheaffer, in the above-captioned matter. Respectfully submitted, Philip C. B'l~anti ff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Counsel for Defendant MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff/Respondent V. SHARON L. SHEAFFER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-4787 CIVIL TERM RULE TO SHOW CAUSE WHY APPEAL SHOULD NOT BE REINSTATED AND ORDER REII~TATING SUPERSEDEAS AND NOW, this ~ day of October, 2002, upon consideration of the Petition to Reinstate Appeal filed in the above-captioned matter, a Rule is entered against Respondent to show cause why Petitioner's appeal should not be reinstated. This Rule is returnable within twenty (20) days from the date of service upon Respondent. IT IS FURTHER ORDERED that the supersedeas to the judgment for possession and subsequent order for possession entered by District Justice Robert V. Manlove in Summerdale Apartments v. Sharon Sheaffer, Docket No. LT-0000424-02, is reinstated pending this Court's ruling on the Petition herein, provided that Petitioner continues to pay her rent into escrow with the Prothonotary, pursuant to Pa. R.C.P.D.J. No. 1008B. ,~hilip C. Briganti, Esquire Counsel for Defendant/Petitioner ~coeVen R. Williams, Esquire unsel for Plaintiff/Respondent By the Court, 60:6 !!:? 6Z 130 ZO MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff/Respondent V. SHARON L. SHEAFFER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-4787 CIVIL TERM PETITION TO REINSTATE APPEAl, COMES NOW the petitioner, Sharon L. Sheaffer, by counsel, Philip C. Briganti, Esquire, MIDPENN LEGAL SERVICES, pursuant to Pa. R.C.P.D.J. No. 1006, and respectfully petitions this Court as follows: 1. The petitioner, Sharon L. Sheaffer, is an adult individual residing at 207 Summer Lane, Enola, Cumberland County, Pennsylvania. 2. The respondent, Morgan Manor Residences, t/a Summerdale Apartments, is a corporation with its principal place of business located at 225 Four Seasons Lane, Enola, Cumberland County, Pennsylvania. 3. Petitioner leases her apartment from Respondent. 4. On September 30, 2002, Respondent, in an eviction action filed before District Justice Robert V. Manlove, i.e., Summerdale Apartments v. Sharon Sheaffer, Docket No. LT-0000424-02, was awarded a judgment against Petitioner for possession of her apartment, as well as a monetary judgment in the amount of $188.38, including costs. A copy of the Notice of Judgment/Transcript in said action is attached hereto and marked as Exhibit "A". 5. On October 2, 2002, Petitioner filed a timely appeal from said judgment with this Court, and was granted a supersedeas of the judgment for possession. A copy of the Notice of Appeal is attached hereto, incorporated by reference and marked as Exhibit "B". 6. On October 2, 2002, the same date that her appeal was filed, Petitioner personally served a copy of the Notice of Appeal in the above-captioned action upon District Justice Manlove, and personally served a copy of the Notice of Appeal, Praecipe to Enter Rule to File Complaint and Rule to File upon Respondent, in accordance with Pa. R.C.P.D.J. No. 1005A. 7. On October 6, 2002, Petitioner, who suffers from mental illness, was hospitalized following to a suicide attempt, and was not released until October 15, 2002. A copy of Petitioner's Day of Discharge Form from Milton S. Hershey Medical Center is attached hereto, incorporated by reference and marked as Exhibit "C". 8. Because of her mental illness and ensuing hospitalization, Petitioner was unable to file with the Prothonotary proof of service of the notice of appeal and the rule to file a complaint within ten (10) days after the notice of appeal was filed, as required by Pa. R.C.P.D.J. No. 1005B. 9. On October 16, 2002, Respondent filed a Praecipe to Enter Appearance and Strike Appeal, which resulted in Petitioner's appeal being stricken for not filing the proof of service in a timely manner. 9. On October 21, 2002, after receiving notice that her appeal had been stricken, Petitioner promptly filed the proof of service with the Prothonotary. A copy of the Petitioner's Proof of Service of Notice of Appeal and Rule to File Complaint is attached hereto, incorporated by reference and marked as Exhibit "D". 10. Respondent was in no way harmed by Petitioner's inability to file the proof of service in a timely manner, as Respondent was properly and timely served with the Notice of Appeal and Rule to File. 11. Petitioner's mental illness and resulting hospitalization constitutes good cause for not filing her proof of service in a timely manner. 12. Pursuant to Pa. R.C.P.D.J. No. 1006, this Court may reinstate Petitioner's appeal "upon good cause shown." 13. On October 22, 2002, Respondent obtained an Order for Possession from District Justice Manlove, and will be able to evict Petitioner and her daughter if her appeal is not reinstated. 14. Petitioner has paid into escrow with the Prothonotary all amounts required to obtain a supersedeas to the judgment for possession of her apartment, pursuant to Pa. R.C.P.D.J. No. 1008B. 15. Petitioner and her daughter, who also suffers from mental illness and is in partial hospitalization, will have no place to live if they are evicted, and will be irreparably harmed if the appeal and the supersedeas are not reinstated. 16. Petitioner has meritorious defenses in this action. WHEREFORE, Petitioner respectfully requests that this Court issue a rule against Respondent to show cause why Petitioner's appeal in the above-captioned action should not be reinstated, and to order that the supersedeas to the judgment for possession and subsequent order for possession entered by District Justice Manlove he reinstated immediately pending the Court's final ruling on this Petition. Date: Respectfull submitted, · ti - 1 for Defendangetitioner MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Sharon L. Sheaffer, hereby verify that that I have read the foregoing Petition, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: Sharon L. Sheaffer [,/t-~ - Defendant/Petitioner COMMONWEALTH OF PENI~ COUNTY OF: CUMBERLANb Mag. Disl. No.: 09-1-02 DJ Name: Hon. ~d,ess: 1901 STATE STREET CAMP HILL, PA (717) 761-0583 17011-0000 NIA NOTICE JDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS 225 FO~ S~SONS ~ ~O~, PA ~7025 VS. DEFENDANT: NAME and ADDRESS %H~FFE~, S~ON 207 S~ ~ ~O~, PA 17025 Docket No.: LT-0000~24-02 Date Filed: 9/17/02 SHARON. SHEAFFER 207 SUMMER I~T ~NOLA, PA 17025 THIS IS~O NOTIFY YOU THAT: Judgment: FOR PI.AT,TIFF ~] Judgment was entered for: (Name) SUI~I~]~ AP~T~ll~_ S Judgment was entered against SHEA~R, SHARON ~ ina Landlord/Tenant action in the amount of $ 188.38 on 9/30/02 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ 5~5.00. The total amount of the Security Deposit is $ 5?5.00 Total Amount Established bvDJ Less. Security Deposit Ap~l~d = Adjudicate~ou~L Rent in Arrears $ 108.00 -- $. - = $ ~u~.OO .00 $ .00 = Physical Damages Leasehold Property Damages/Unjust Detention = i .00 - $.. $ $ lOS.Oq $ 80.3h $ -nO $ 188.38 .oo -$ .o0 Less Amt Due Defendant from Cross Complaint Interest (if provided by lease) UT Judgment Amount Judgment Costs Attorney Fees Total Judgment Post Judgment Credits Post Judgment Cos[s -'-J Attachment Prohibited/ Victim of Abuse (Act 5, 1996) [-~ This case dism ~ssed without prejudice. ~'] Possession granted. ---]Defendants are jointly and severally liable, --J Possession granted if morse 'ud m I Certified Judgment Total Y 1 gent is not satlst~ea Dy time ot ewctlon. ~ Possession not granted. J J Levy is stayed for I uay~ or g~,,~,a,,y stayed. [--]Objection to Levy has been filed and hearing will be held: Date: Place: IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FI~EDi-'~::~ i~,~ .-]'-] :~ .. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A R'I~S DENTIAE I~EASE ;;THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTR¥ OF IN WHICH TO FILE A NOTICE OF APPE,A[..~'f~I. TH..~HE P~0THONOTARY/CLERK OF JUDGMENT I COURTS9¢ T~E COURT OF COM~,-~L DIVI~, ~. ~ ~ THE PA~/ILING AN APPEAL aU~~-~~jUD ENTfiRA" 'IPT //'V;~-' Date .... >~M ~//- - - --' ' :~: ~ : :, lc'al' a atth ' ' ~~-~+ .... '/ ....... : ~' ~ ~ ,.u~t,nctJust~ce . ~ ~Y ~ s ~s a true,~2~y~,~a~y~l~co~d o~ me nos contaihln 'the 'ual ment %~'~"' Date ,~'.,.-~/~> ............ ' ;: D~tri~ Jasticn ~ission expire~ first Mond~[ January; 2006. SEA~ .,~. COMMONWEALTH ~'~ PENNSYLVANIA CC~/RT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FIKZ)M DISTRICT JUSTICE JUDGMENT COMMON PLEAS NG. {~ ~_~ NOTICE OF APPEAL Nc)rice is given that the appellant hos filed in the above Court of Common Pleas an appeal from the judgment rendered by the District' Justice on the date and in the case mentioned belay. ~ ~-%~'m~ ,--i~ ,-.. ~ r~ ,, ~ . ,~,,,~, ' ' '~-'" c¥ This black w~l ~ si~ned ONLY ~ ~ D ~ __ '--~' ~ ~ ~ O0~B. .... no,~,,an ,s r~qu,ma u,-der Po. R.C.~.Jg. N~ I! ~oellen'----'--'--~ ~ CL. AIMAN (see F~. R.C.p.J.p. ~ This Notice of ARoeal, when received by the District Justice, will operate as a lO01(6)inactionbeforeDistdctJustice, heMUST SUPERSEDEAS to th~..~ ~t f? ~os~ss'ion in this c~ FILE A COMPLAINT within twenty(20) days after P.^Ec,PE TO E.TE. "ULE TO .'E COAAPL^,.T ^.D .UL" TO (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.O.P.J.P. NO. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be s ~o~ appellee). PRAECIPE: To Prothc~otary '~kJl~t'~Y~L~ D · ~eme c~ ~,~ee(s) , appdlee(s), to fife a complaint in this appeal (CommonPlea~_No. OJ- 4-7~"~ 0__~/~.,I ) wlthin tw~anty {20) days after service of rule or sufferentry of judgment ~)f nonpms R ULEI To _?~,,'y'~ '('~,.~.~Name~-~ab:~el~.C~s)~~ ~V~ ~ ~ ~-,aplMJee(s~ Signature of eOpeOont ~"?~Oattomeyor agent {I) You am notified that a rule is hereby entered upon you fo ~e a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time. a JUDGh~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if serv/ce was by mail is the date of mailing._ ...... c, Copy FROM RECORD COURT FILE TO BE FILED WITH PROTHONOTARY HI- ININ,.~ IAI I- I ~ Milton S. Hershey ' '- l Center ~ College of Medic]. t~ ~ ~i zl 1 2 DAY OF DIsoHARG~'FoRM )[~E pFF,[R 5~A~O~ 'L , ',': '.- r ~:[ OL~[~ ~ K'AT~L[[~ 55110 HMOA~ond n MD - . - ' · - -x - - .... - .- . . , . ~ H~ R~t ~,~e~ ~m~ / I p~,~y~, ~ Admission Diagnosi~ t . ' ~> ~ .. ~ ~, : IPdncipal Diagnosis I have Leceived and understand th~i,%w, ritten statem~/~t regarding my discharge instructions ~ ~7...~,,.., ~; , , /., PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE {~OM:i;)LAINT ('This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appea'~{~heck!jpplibb~ boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~r~,~ ~ AFFIDAVlT:.I hereby swear or affirm that I served ~copy of the Notice of Appeal, Common Pleas No. ¢2- ~'7¢ 7 ~/,¢/~, upon the District Ju~;i¢ce esignate~ therein on ~p~t~r~ he~;;-~ ~he1"~ ' "~¢ pers~al?rvi~ U by (certified)(,¢gislered)mail, sender's ~(.t¢¢ ¢," ~ _,. ¢¢¢ A ~y personal service ~ by (certified) (registered) mail, sender's receipt attach~reto. ~d furlher that I se~ed the R~e to File a Complaint accompanying the ab¢olice of.Ap~al upon the appellee(s) to whom the Rule was addressed on 0d'¢¢~¢ ~ , ~ ~ ~ by personal Service ~ by (certified) (regislered) mail, sender's receipt attached hereto. · · SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ¢~/ ~'7 DAY OF ~__.,~__~~ __ ,. . Signature of o(r~c~ before whom affidavit ~ade t NOTARIAL SEAL ~ l~, ..,~ ~. / t - ~ J JODY S. SMITH, NOTARY PUBLIC ~ I ~ m /g-. xN/ ¢ / r ,0 MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff SHARON SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4787 CIVIL · CIVIL ACTION - LAW ,ANS[WI=R OF PLAINTIFF TO DEFENDANT'S[ pETITION TO REINS[TATE APPEAL AND NOW, comes Plaintiff, Morgan Manor Residences, t/a Summerdale Apartments, by and through its attorneys, Wix, Wenger & VVeidner, and files this Answer to Defendant's Petition to Reinstate Appeal, stating the following in support: 1. Admitted. 2. Admitted. 3. Denied as stated· Defendant's lease with Plaintiff for the leased premises expired on September 30, 2002· As of and after October 1,2002, Defendant no longer leased the premises from Plaintiff· Rather, she has re~mained in the leased premises illegally as a holdover tenant· 4. Admitted. By way of further answer, the Landlord and Tenant Complaint was filed as a result of Defendant's violations of her lease, all of which were not remedied, in the following manners: unauthorized resident, repeated late payments, failure to observe quiet times, and violations of other tenants' rights to quiet enjoyment. 5. Admitted. 6. Admitted in part and denied in part. It is admitted only that Defendant served her the Notice of Appeal, Praecipe to Enter Rule to File Complaint and Rule to File Complaint on Plaintiff. Plaintiff is without information or knowledge as to whether Defendant served District Justice Manlove, the same therefore being denied, and proof is demanded. 7. Denied. Plaintiff is without information or knowledge sufficient to answer this paragraph, the same therefore being denied, and strict proof is demanded. 8. Denied. Assuming, arguendo, that the allegations in Defendant's paragraph 7 are true, Defendant had the opportunity to file her proof of service on October 2, October 3 and October 4, prior to her alleged admission. In addition, she could have filed her proof of service on October 15 or October 16, after her alleged release, and prior to the filing of Plaintiff's Praecipe to. Strike Appeal. Further, Defendant has not alleged why someone acting on her behalf could not have filed the proof of service on one of the fifteen days between October 2 and October 16. Finally, to the extent that Defendant's alleged admission prevented her from filing her proof of service, which Plaintiff denies, her inability to comply with the Rules of Civil Procedure was caused by her own conduct that resulted in the alleged admission. 9. Admitted. By way of further answer, Plaintiff's Praecipe was not filed of record until 4:05 p.m. on October 16, 2002. 9. [sic] Admitted in part and denied in part. It is admitted that Defendant filed her proof of service on October 21,2002. It is denied that nineteen days after the filing of Defendant's appeal constitutes a "prompt" filing. 10. Denied. It is specifically denied that Plaintiff was not harmed by Defendant's failure to comply with the Rules of Civil Procedure, and proof is demanded. As a result of Defendant's failure to comply with the Rules, Plaintiff was able to, in accordance with the Rules of Civil Procedure, have Defendant's appeal stricken. This paved the way for District Justice Manlove to issue an Order for Possession. As a result of Defendant's failure to comply with the Rules, Plaintiff filed with District Justice Manlove a Request for Order for Possession and inculrred the costs of filing same. But for Defendant's Petition, Plaintiff would have obtained possession of the leased premises by now and would have been able to market it for re-rental. By way of further answer, Defendant's lease expired on September 30, 2002 and was not renewed by either Plaintiff or Defendant. Thus, Defendant has no right to remain in possession of the leased premises. Defendant's filing of her Petition and the resultant proceedings have served to allow Defendant to remain in the leased premises without the legal right to be there. If this Court grants Defendant's Petition, Defendant will be allowed to remain in the leased premises throughout the entire course of this litigation, a result that Defendant should not be entitled to enjoy when she took no action to renew her lease or challenge Plaintiff's non-renewal of it, but rather, allowed the lease to expire according to its terms. If Defendant is allowed to remain in the leased premises, Plaintiff wrll be prejudiced in that it will be required to keep in the leased premises, a tenant that it chose not to allow to remain (via the lease non-renewal) and who has a history of disturbing Plaintiff's other residents. By way of further answer, If this Court grants Defendant's Petition, Plaintiff will be further prejudiced because Defendant, who has no right to remain in the leased premises (by virtue of the lease expiration), is not paying a reasonable rental for her occupancy of the leased premises. Defendant is currently paying the amount of $535.00 per month for rent (plus $10 per rnonth for a pet fee). If Defendant were not occupying the leased premises and Plaintiff were able to place the leased premises on the market, Plaintiff would be able to lease it for the sum of $605.00 per month, which is the current market rental for the leased premises. Thus, as a result of Defendant's Petition and the resultant proceedings, Plaintiff is losing $70.00 per month in potential rental income, arid will continue to lose this amount for each month that Defendant is allowed to remain in the leased premises. This is an important and relevant point because, as mentioned above, the lease has expired, and Defendant has no legal right to be in the leased premises. 11. Denied. Notwithstanding Defendant's alleged mental illness, Defendant had ample opportunity to comply with the Rules of Civil Procedure by filing her proof of service on any of the following days: October 2, 3, 4, 15, or '16. Further, Defendant has not alleged why someone acting on her behalf could not have filed her proof of service on any of the fifteen days between October 2, when she filed her appeal, and October 16, when Plaintiff filed its Praecipe to Strike Appeal. By way of further answer, to the extent that Defendant's alleged admission prevented her from filing her proof of service, which Plaintiff denies, her inability to comply with the Rules of Civil Procedure was caused by her own conduct that resulted in the alleged admission. 12. Admitted in part and denied in part. It is admitted that this Court has the discretion, upon good cause shown, to reinstate this appeal. It is denied that good cause has been shown for Defendant's failure to comply with the Rules of Civil Procedure. By way of further answer, Plaintiff will be prejudiced if this Court reinstates Defendant's appeal. Plaintiff incorporates by reference herein its answer to paragraph 10 hereof. 13. This paragraph is moot as a result of the Rule issued in this case. 14. Admitted, upon information and belief. 15. Denied. Defendant's paragraph 15 states a conclusion of law to which no answer is required. To the extent that this Court deems an answer is required, it is specifically denied that Defendant will suffer irreparable harm if her appeal is not reinstated. As set forth above, Defendant's lease expired on September 30, 2002, and after that date, she had no right to remain in the .apartment. Defendant has known since at least July 30, 2002, when Plaintiff provided notice to her that lease would not be renewed, that she would have to move out of the leased premises by September 30, 2002. Defendant chose not to move or make arrangements to move out of the leased premises as of September 30, 2002. Thus, to the extent that Defendant suffers any harm as a result of this Court's refusal to reinstate her appeal, such harm is caused by her own dilatory conduct. Defendant should not be rewarded for her conduct by being entitled to remain in an apartment to which she has no possessory rights. 16. Denied. It is specifically denied that Defendant has any defenses to Plaintiff's claims in this case, and proof is demanded. By way of further answer, Plaintiff submits that to the extent that Defendant has any defenses, they are far outweighed by the prejudice Plaintiff will suffer if this Court reinstates her appeal. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's Petition to Reinstate Appeal, enter an Order reinstating District Justice Manlove's Judgment for possession, thus providing Plaintiff the ability to obtain immediate possession of the leased premises, order the Cumberland County Prothonotary to release to Plaintiff all sums paid into escrow by Defendant during the pendency of this proceeding, and grant such other relief as this Court deems just and appropriate. Date: Respectfully Su~ed, WiX, W EN~/& W EIDNER 2,~ever~/R. _Williams/508 N~rth SecondS~lt;De'~ 6205 P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff F:~srw'~5822 (MORGAN MANOR RESIDENCES, INC)\11541.5 (SUMMERDALE APARTMENTS - SHARON SHEAFFER)\DOCUMENTS~ANSW TO PET.doc I, Lou Ann Barry, agent for Plaintiff in the foregoing .Answer, have read the foregoing Answer and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing Answer are true and correct and that false, statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS Date: MORGAN MANOR RESIDENCES, t/a SUMMERDALE APARTMENTS, Plaintiff Vo SHARON SHEAFFER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-4787 CIVIL : : : CIVIL ACTION -- LAW CERTIFICATE 13F fiI::RVICE I hereby certify that the foregoing Answer to Petition to Reinstate Appeal was sent by first class mail, postage prepaid this day to the following: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Attorneys for Defendant Respectfully Submitted, WIX, WENGER & WEIDNER Alison A. Zortman, L~..~al Assis~an~ 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) :234-4182 Attorneys for Plaintiff Date: MORGAN MANOR RESIDENCES, t/a : SUMMERDALE APARTMENTS, : Plaintiff : : v. : NO. 02-4787CIVIL : : : CIVIL ACTION - LAW SHARON SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~TIPULATION OF THI= PARTIER AND NOW, come Plaintiff, Morgan Manor Residences, t/a Summerdale Apartments and Defendant, Sharon Sheaffer, by and through their respective counsel, Steven R. Williams and Philip C. Briganti, and file this Stipulation of the Parties as of this 2nd day of December 2002, stating the following in support: The background of this Stipulation is as follows: R-1. Plaintiff is the owner and landlord of Summerdale Apartments in Enola, PA. R-2. Defendant entered into a lease with Plaintiff on or about September 10, 1997 (herein, the "Lease") for the apartment known and numbered as 207 Summer Lane (herein, the "Apartment"). R-3. Plaintiff initiated this action on September 17, 2002 by filing a Landlord and Tenant Complaint against Defendant in the office of District Justice Manlove, seeking possession of the Apartment. District Justice Manlove entered judgment in favor of Plaintiff and against Defendant for money owed and possession of the Apartment on September 30, 2002 (herein, the "Judgment"). R-4. October 2, 2002, Defendant filed an appeal from the Judgment, but she did not timely file the Proof of Service required by Pa.R.C.P.D.J. No. 1005(B). R-5. On October 16, 2002, upon Praecipe of the Plaintiff, the Cumberland County Prothonotary struck Defendant's appeal. R-6. On October 28, 2002, Defendant filed a Petition to Reinstate Appeal (herein, the "Petition"), which Plaintiff has opposed. R-7. Throughout the course of this action, Defendant has paid into Court escrow the total amount of $1,278.38 (herein, the "Court Escrow"). R-8. Defendant has vacated the Apartment, and Plaintiff and Defendant have agreed to a resolution of the Petition and the disbursement of the Court Escrow. NOW THEREFORE, for good and valuable consideration, AND INTENDING TO BE LEGALLY BOUND, Plaintiff and Defendant agree as follows: 1. ~. The above Recitals are incorporated into this Stipulation by reference as if fully set forth. 2. Release of Court E~crow. The Court may enter the attached Order directing the Cumberland County Prothonotary to release the Court Escrow as follows: $1,170.38 to Plaintiff and $108.00 to Defendant. 3. Dismissal of Petition, Defendant's Petition is hereby rendered moot, and the Court may enter the attached Order dismissing Defendant's Petition. 4. District Justic~ Jud_om~rlt. Upon the payment of the Court Escrow to Plaintiff, as set forth in paragraph 2 above, the Judgment shall be deemed paid and satisfied in full, and it shall have no further force or effect. 5. No Admission of Li~hility.. It is agreed by the parties that nothing contained in this Stipulation shall be construed as an admission by or on behalf of Plaintiff or Defendant as to any liability relating in any manner to this case or the facts and claims stated in Defendant's Petition and/or in Plaintiff's Answer thereto. 6. Authorization of Counsel. The undersigned certify that they have the authority to enter into this Stipulation on behalf of, and to bind hereto, their respective clients. IN WITNESS WHEREOF, Plaintiff and Defendant, by and through their respective counsel, have caused this Stipulation to be executed and delivered as of the day and year indicated above. 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorney for Plaintiff Respectfully Submitted, 8 Irvine Row Carlisle, PA 17013 (717) 243- 9400 Attorney for Defendant F:~srw~5822 (MORGAN MANOR RESIDENCES, INC)\11541.5 (SUMMERDALE APARTMENTS - SHARON SHEAFFER)\DOCUMENTS\STIP OF PARTIES.doc MORGAN MANOR RESIDENCES, t/a · SUMMERDALE APARTMENTS, · Plaintiff · SHARON SHEAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4787 CIVIL CIVIL ACTION - LAW attached Stipulation of the Parties, it is hereby ORDERED that the Cumberland County Prothonotary shall release, within ,,~ .i- days of the entry of this Order, the Court Escrow in this case as follows: $1,170.38 to Plaintiff and $108.00 to Defendant. The Prothonotary shall send the parties' checks to their respective counsel of record. It is further ORDERED that Defendant's Petition to Reinstate Appeal is hereby DISMISSED. 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